The Civil Side of Criminal Cases

October 06, 2014
By
Domina Law Group

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Domina Law Group evaluates the civil component in many criminal cases.

Victims of crimes can bring civil action against their wrongdoer. For example, this is common in many sexual assault cases. In addition to a criminal conviction and penalty, the wrongdoer may also be ordered to pay financial restitution to the victim. This can also apply in car accident cases. Many traffic crashes are considered infractions, but severe ones can be charged as misdemeanors and even felonies in some cases.

Take, for example, a crash that killed a woman in Cozad this past summer. Just last Friday, the driver appeared for his arraignment. He is facing a misdemeanor charge of motor vehicle homicide. Even if the driver is not ultimately convicted on this charge, the family of the woman killed could potentially bring civil action against the driver seeking restitution.

Nebraska's wrongful death statute is detailed in § 30-809 of the NRS. According to this statute, "next of kin" can file the wrongful death claim in attempt to recover pecuniary loss. Next of kin could attempt to recover financial compensation for things like funeral expenses, loss of consortium, lost companionship, loss of income, and more.

Per Crabtree v. Missouri, the judge can take the family's ages and physical/emotional conditions into consideration when ascertaining how much money to award. In order to show that the wrongful death claim is valid, the plaintiff must give evidence that the action leading to death was the result of the defendant's negligent or grossly negligent action.

If you lost a loved one in a car accident, you may be able to file a wrongful death action against the wrongdoer to collect damages. To learn more, contact a Nebraska car accident lawyer at Domina Law Group.

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